TWO men jailed for drug dealing have had their convictions quashed after ­European judges ruled their human rights were violated because a policeman sat on the jury at their trial.

Ilyas Hanif and Bakish Allah Khan, who had been found guilty in a UK court of peddling heroin, were also awarded almost £5,500 for their hurt feelings in the shock ruling in Strasbourg ­yesterday.

Last night there were fears the decision could lead to a wave of copycat legal-aid funded appeals by prisoners convicted by juries that included a ­serving police officer.

Police have been allowed to sit on juries in England and Wales since 2004 when the then Labour Home Secretary David Blunkett controversially relaxed the rules, despite warnings from the Police Federation that it would prove “unworkable”.

Former Tory Shadow Home Secretary David Davis last night said there was serious doubt over whether police officers should continue to sit on juries.

He added: “I thought it was only in America that convictions were overruled on ridiculous technicalities, but thanks to Europe we are now seeing this happen in the UK too. I would think that no policeman or woman could ever again sit on a UK jury again following this decision – the risks are simply too great. You also have to wonder where this will ever stop. This is not some minor decision that has been made, it is very important and greatly affects how we run our justice system.

This is another appalling example of European judges meddling in laws made in this country. These individuals were convicted of a very serious crime. Involvement in drug dealing leads to lives being ruined

Tory MP Priti Patel

“Jury service in the UK is a civic duty and it is something very different to the judicial system of many other European countries. It appears the European Court of Human Rights is meddling in things which it frankly doesn’t understand and as a consequence it is having a terrible effect on the laws of our land.”

Tory MP Priti Patel said: “This is another appalling example of European judges meddling in laws made in this country. These individuals were convicted of a very serious crime. Involvement in drug dealing leads to lives being ruined.

“The public will be angered by Europe forcing taxpayers to hand over money to these men, and the Government must now reform human rights laws to stop this from happening again.”

The European Court ruled that Hanif and Khan had been denied a fair trial because the policeman on the jury had known a fellow officer giving prosecution ­evidence, for 10 years and they worked together.

The jury member disclosed the ­officers’ connection at the start of the trial, but it was pointed out the pair had never worked at the same police station and did not know each other socially.

The judge at the crown court hearing ­in 2007 dismissed a defence application to have him replaced.

Hanif, 44, and Khan, 33, were subsequently jailed for eight years and 15 years respectively after being convicted of conspiracy to supply heroin. The ECHR judgment said: “It is of fundamental importance in a democratic society that the courts inspire confidence in the public and the accused (and) ensure that juries are free from bias and the appearance of bias.”

Now the Government has been ordered to pay costs and expenses of £3,750 to Hanif, and £1,670 to Khan. The Ministry of Justice must also decide whether to hold an expensive re-trial or set the pair free.